What Compensation Can You Seek After a Workplace Accident?

The compensation you can seek after an accident will depend on what type of employee you are, the precise nature of the accident, and whether or not your employer has worker's compensation. Texas does not require employers to have worker's compensation except in a certain few fields, though in practice, most companies do have it.

If You're Covered By Worker's Comp

If your employer does have worker's compensation, and it applies in this case (see below for exceptions where you may be able to bring a liability claim), you are entitled to medical benefits and some income benefits, no matter who was at fault for the accident. In other words, even if you caused the accident, you can still claim your worker's compensation coverage. However, you cannot claim any damages for pain and suffering or for punitive damages, and there are limits to the coverage. You also cannot bring a liability claim or lawsuit against your employer in most cases.The medical benefits you can recover should include all necessary treatments as well as all travel expenses to appointments for any appointments over 30 miles away from your residence. You should also receive compensation for vocational rehabilitation, if that is required to get you back to where you can work again. During this time, you can also expect to receive about 70% of your wages, including bonuses and any other benefits. There is a time limit on wage replacement, however, unless you have been hurt so badly that you qualify for a lifetime income. This will only happen if you have a disability so serious that you cannot work again at the same income level.

If You're Not Covered By Worker's Comp

If your employer does not have worker's comp, you then have the right to file a normal personal injury claim against them. The good news here is that you can now claim not only for medical expenses but also for 100% reimbursement of all lost wages and for pain and suffering or other non-economic damages. You can also ask for punitive damages if your employer's behavior was particularly egregious.The bad news is that you must be able to prove negligence on the part of your employer in order to win this lawsuit, and you will also be held accountable for any part that you may have played in the accident. If you are considered to be partially responsible, it's likely that your total damages will be decreased by the same percentage as your responsibility. It's very important to talk with an experienced Midland personal injury attorney as fast as possible here so they can immediately get to work investigating the accident, protecting your rights, and building a strong and compelling case.

If a Third Party Was Responsible

There is an exception to the rule that you cannot bring a liability claim if your employer has worker's compensation. That exception applies if the accident was actually caused by a third party rather than you or your employer (or another person working for your employer directly).Here again, you would be able to seek compensation for all your medical expenses, all your lost wages, non-economic damages such as pain and suffering, and potentially also punitive damages. Punitive damages are very rare, but they are sometimes awarded when someone is particularly reckless or when they intentionally try to injure another.

The Rarest of Exceptions: Egregious Negligence

There are some extremely rare cases where a worker can bring a liability lawsuit against an employer, even if that employer has worker's compensation. This can only be done if it can be definitively proved that the employer was not just generally negligent but engaged in systematic and egregious negligence, and usually, it also has to be shown that this reckless disregard for safety had been pointed out in the past and never properly addressed. It's very difficult to bring a claim like this, but your lawyer will be able to tell you more.

Filing for Both Worker's Compensation and a Claim

You cannot directly file a liability claim or sue your employer if they have worker's compensation coverage in most cases. However, sometimes there are cases where you can both file a worker's compensation claim and also make a liability claim against the third party. These claims usually happen in situations where there is a general contractor, site owner, or equipment manufacturer who is partially responsible for the accident. Obviously, there are advantages to filing two claims at once. Worker's compensation provides essential coverage without requiring you to prove fault, but making a liability claim lets you claim broader compensation that more fully covers your total losses and damages.However, trying to bring two claims at once is also extremely complicated, and mistakes are even easier to make than they are when you're bringing just one type of claim. You have to be careful, as well, that you don't try to overlap your compensation. The law does not allow you to get "double compensation," so if you have already been compensated for a medical bill by worker's comp, for example, you cannot include that in your claim against the third party for damages.Also, if you come to a settlement agreement either with the worker's compensation insurer or with the insurance company covering a third party, this can have an important effect on your other claim. Only a lawyer with extensive experience in Texas personal injury law and worker's compensation cases can help you safely bring dual claims and maximize your compensation legally.

Talking With a Midland Personal Injury Attorney

Whether you think you will just be bringing a worker's compensation claim or want to see if it's possible to bring a liability claim or a lawsuit, it's always important to talk with an experienced lawyer right away.A personal injury attorney will be able to give you a free case assessment to help you understand what your options are and the likelihood of succeeding in any direction. Your lawyer will also help you get all paperwork filed correctly and on time, ensure that you don't miss any of your damages as you make a claim (and thus lose out on compensation you deserve), and will thoroughly investigate the accident on your behalf to make sure that nothing is missed.Beyond that, a good lawyer can make an excellent case for the amount of compensation you are claiming, negotiate aggressively with insurance companies, whether they are providing worker's compensation coverage or private coverage, and even take a case to court if that becomes necessary. An attorney with a thorough understanding of the law will be a huge asset to you at every point.Texas laws surrounding workplace injury can be complicated, but we can help. Contact Cesar Ornelas Injury Law in Midland, Odessa, El Paso, San Antonio, Laredo, or Dallas, TX today for a free consultation.